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Home My WebLink About2012 05-29 CCM Study Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION MAY 29, 2012 CITY HALL—COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, Lin Myszkowski, and Dan Ryan. Also present were Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, Finance Director Daniel Jordet, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Director of Community Activities, Recreation and Services Jim Glasoe, Planning and Zoning Specialist Tim Benetti, Fire Chief Lee Gatlin, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Myszkowski requested discussion on Item 6j, Approval/Adoption of Recommendation of Use of Centennial Park West for Community Garden, and asked, assuming it is approved tonight,when people will be able to get into the garden plots. Mayor Willson indicated he will be pulling Item 6c, Application and Permit for Temporary On- Sale Liquor License submitted by Our Lady of Fatima & St. Francis High Schools Alumni Association for an Event to be held at MEC, 5801 John Martin Drive, on July 7, 2012; Item 6h, Resolution Amending the 2012 Internal Service Fund Budget; and, Item 6j, Approval/Adoption of Recommendation of Use of Centennial Park West for Community Garden, from the Consent Agenda for discussion. Councilmember Ryan requested discussion on Item 9, Planning Commission Items, and asked why a Public Hearing is not scheduled for tonight. City Attorney Charlie LeFevere advised the Public Hearing was scheduled for and held at the Planning Commission meeting. MISCELLANEOUS COMMUNICATION AND LIAISON WITH CHARTER COMMISSION—MAYOR WILLSON Mr. LeFevere indicated he has been asked to attend the next Charter Commission meeting when a discussion will be held on eminent domain and a proposal to adopt a ward system. 05/29/12 -1- Mayor Willson noted the Charter Commission has presented no proposal before the City Council relating to a ward system. Mr. LeFevere explained it is on the Charter Commission's next meeting agenda. He asked whether the City Council is interested in encouraging earlier dialogue and discussion with the Charter Commission,which is a separate political body appointed by the court and created by State Statute. Mr. LeFevere noted it is recognized the Charter can be amended most efficiently and effectively if both parties (Charter Commission and City Council) agree with the amendment and it is approved by ordinance. However, dialogue is needed between the Charter Commission and City Council for that to occur. He stated City Councilmembers can attend Charter Commission meetings or appoint a liaison to report on its considerations, or it can invite discussion prior to formal presentation of a Charter amendment. Mayor Willson read the rules of the Charter Commission for consideration of comment during its meetings. The City Council discussed its respect for the Charter Commission and the Commission's role to work in what it believes is the best interests of Brooklyn Center residents. Support was expressed for Mr. LeFevere to meet with the Charter Commission to present the option of holding informal discussion prior to making formal presentation before the City Council. It was noted this would provide additional time to reach compromise or tweak the amendment language prior to starting the "clock" for scheduling a Public Hearing, making a determination, and/or placement on the ballot. The consensus of the City Council was to support opening early dialogue with the Charter Commission on proposed Charter amendments. The City Council discussed the Charter Commission's proposed amendment relating to eminent domain and offer to extend the 60-day time restriction to 90 days. Mayor Willson noted that time extension had not yet been presented formally to the City Council. Mr. LeFevere concurred and stated the City Council had already indicated that going from 60 to 90 days did not have much effect on its concern that the City could not abandon the process unless all interested parties were willing. He explained the Charter Commission's concern was in having residents go through condemnation and that the City Council should make up its mind earlier in the process and not change its mind after the process had started. Mr. LeFevere noted that most takings are under the quick take process, but there is still authority in the law to acquire contaminated property under eminent domain. It is thought the biggest risk in the eminent domain process is finding contamination after 90 days and the developer then backing out, but the City is required to continue the process and purchase a property it no longer wanted. In most cases where eminent domain would be considered, it would be vacant, blighted, or commercial property not involving a private residential property owner. Mr. LeFevere stated he will bring up these issues to the Charter Commission for further discussion. The City Council indicated it would welcome that discussion and noted another concern is 05/29/12 -2- imposing administrative standards into the City's Charter since State law already addresses protection of property owners. Mr. LeFevere asked the City Council if it was willing to consider a Charter amendment relating to eminent domain that was more limited in scope and allowed the City to withdraw from an action under certain circumstances. This would create a "middle ground" to protect the landowner and still address the City Council's concern to be able to abandon the process under certain circumstances and protect the City's resources. The City Council discussed this option and consensus was reached to have Mr. LeFevere present a "hybrid option" that would protect both property owners and the City. It was noted the City Council had two weeks to act on the proposed eminent domain Charter amendment. The City Council next discussed the potential consideration by the Charter Commission of a ward system. Mr. LeFevere advised of several metropolitan cities that have a ward system, noting they are usually larger in size than Brooklyn Center. He indicated there are pros and cons to a ward system so it is important to hold a full dialogue. Mr. LeFevere raised another option to blend an at-large and ward system by having several at-large Councilmembers in addition to several wards. The City Council concurred that a key component for a ward system is the size of the city, noting the at-large system has worked well in Brooklyn Center because of its small size. It was agreed that additional dialogue was needed and both sides (pros and cons) thoroughly presented to assure an informed decision is made. The consensus of the City Council was to ask Mr. LeFevere to present the Charter Commission with potential consequences, unintended and intended, that might come forth under a ward system. ADJOURNMENT Councilmember Lasman moved and Councilmember Kleven seconded to close the Study Session at 6:41 p.m. Motion passed unanimously. 05/29/12 -3- STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss. Certification of Minutes CITY OF BROOKLYN CENTER) The undersigned, being the duly qualified and appointed City Clerk of the City of Brooklyn Center, Minnesota,certifies: 1. That attached hereto is a full, true, and complete transcript of the minutes of a Study Session of the City Council of the City of Brooklyn Center held on May 29, 2012. 2. That said meeting was held pursuant to due call and notice thereof and was duly held at Brooklyn Center City Hall. 3. That the City Council adopted said minutes at its June 11, 2012, Regular Session. City Clerk Mayor 05/29/12 -4-